FILED: NEW YORK COUNTY CLERK 12/06/2018 09:57 AM
`NYSCEF DOC. NO. 8
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`INDEX NO. 158648/2018
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`RECEIVED NYSCEF: 12/06/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`ANGEL CORDERO,
`
`Plaintiff,
`
`v.
`
`CHELSEA HOTEL OWNER LLC, HOLLAND &
`KNIGHT LLP AND OMNIBUILD CONSTRUCTION
`INC.,
`
`Defendant (s),
`-----------------------------------------------------------------------x
`
`Index No.: 158648/2018 (ECF)
`
`VERIFIED ANSWER TO
`COMPLAINT
`
`Defendant, Holland & Knight LLP, by its attorneys, EUSTACE, MARQUEZ, EPSTEIN,
`
`PREZIOSO & YAPCHANYK, answers the Complaint of the Plaintiffs by stating as follows:
`
`1.
`
`Denies having knowledge or information sufficient to form a belief as to the truth of the
`
`allegations of paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
`
`36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74 and 80.
`
`2.
`
`Denies, upon information and belief, the allegations of paragraphs 13, 14, 15, 16, 19, 49,
`
`50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 75, 76, 77, 78, 81, 82, 83, 84, 85 and 86.
`
`3.
`
`Denies having knowledge or information sufficient to form a belief as to the truth of the
`
`allegations of paragraphs 20, 21, 22 and 23 and respectfully refers all questions of law to this Honorable
`
`Court.
`
`4.
`
`Denies, upon information and belief, the allegations of paragraph 17, except to admit that
`
`defendant, HOLLAND & KNIGHT LLP, is a limited liability partnership.
`
`5.
`
`Denies, upon information and belief, the allegations of paragraph 18, except to admit that
`
`defendant, HOLLAND & KNIGHT LLP, is a limited liability partnership.
`
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`
`6.
`
`Responds to paragraph 79 of the Complaint by repeating, reiterating, and realleging all
`
`responses given to the paragraphs referred to therein with the same force and effect as if herein set forth
`
`at length.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`7.
`
`The injuries alleged to have been suffered by the Plaintiffs were caused, in whole or part,
`
`by the conduct of Plaintiffs. Plaintiffs' claims therefore are barred or diminished in the proportion that
`
`such culpable conduct of Plaintiffs bears to the total culpable conduct causing the damages.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`8.
`
`That this Court has not acquired personal jurisdiction over the person of this answering
`
`Defendant.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`9.
`
`Upon information and belief the causes of action alleged in the Complaint of the
`
`Plaintiffs fail to properly state, specify or allege a cause of action on which relief can be granted as a
`
`matter of law.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`10.
`
`That recovery, if any, on the Complaint of the Plaintiffs shall be reduced by the amounts
`
`paid or reimbursed by collateral sources in accordance with CPLR 4545(c).
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`11.
`
`That if it is determined that this answering Defendant is responsible for the acts alleged in
`
`the Complaint then Plaintiffs failed to take appropriate action to mitigate any damages.
`
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`AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AGAINST: CHELSEA HOTEL
`OWNER LLC
`
`12.
`
`If any plaintiff recovers against this Defendant, then this Defendant will be entitled to an
`
`apportionment of responsibility for damages between and amongst the parties of this action and will be
`
`entitled to recover from each other party for its proportional share commensurate with any judgment
`
`which may be awarded to the plaintiff.
`
`AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNITY AGAINST: CHELSEA
`HOTEL OWNER LLC
`
`13.
`
`If any plaintiff recovers against this Defendant, then this Defendant will be entitled to be
`
`indemnified and to recover the full amount of any judgment from the Chelsea Hotel Owner LLC.
`
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`WHEREFORE, this Defendant demands judgment dismissing the Complaint, together
`
`with costs and disbursements, and in the event any judgment or settlement is recovered herein
`
`against this Defendant, then this Defendant further demands that such judgment be reduced by
`
`the amount which is proportionate to the degree of culpability of any plaintiff, and this
`
`Defendant further demands judgment against each other party on the respective crossclaims
`
`and/or counterclaims.
`
`DATED: December 6, 2018
` New York, New York
`
`Yours, etc.
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`YAPCHANYK
`Attorneys for Defendant
`HOLLAND & KNIGHT LLP
`Office and Post Office Address
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
`By:
`
`Miles A. Linefsky
`
`To:
`
`Hill & Moin LLP
`Attorneys for Plainitff,
`Angel Cordero
`2 Wall Street, Suite 301
`New York, New York 10005
`
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`
`Chelsea Hotel Owner LLC
`31 West 52nd Street
`New York, New York 10019
`
`Omnibuild Construction Inc
`c/o April Mingione
`213 West 35th Street – 7th Floor
`New York, New York 10001
`
`5 of 31
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`RECEIVED NYSCEF: 12/06/2018
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`ANGEL CORDERO,
`
`Plaintiff,
`
`v.
`
`CHELSEA HOTEL OWNER LLC, HOLLAND & KNIGHT
`LLP AND OMNIBUILD CONSTRUCTION INC.,
`
`Defendant (s),
`-----------------------------------------------------------------------x
`
`Index No.: 158648/2018 (ECF)
`
`NOTICE PURSUANT
`TO CPLR 2103
`
`PLEASE TAKE NOTICE that Defendant Holland & Knight LLP, by its attorneys,
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, hereby serve(s) Notice
`
`upon you pursuant to Rule 2103 of the Civil Practice Law and Rules that it expressly rejects
`
`service of papers in this matter upon them by electronic means.
`
`PLEASE TAKE FURTHER NOTICE that waiver of the foregoing may only be
`
`affected by express prior written consent to such service by EUSTACE, MARQUEZ,
`
`EPSTEIN, PREZIOSO & YAPCHANYK and by placement thereby of EUSTACE,
`
`6 of 31
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`INDEX NO. 158648/2018
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`RECEIVED NYSCEF: 12/06/2018
`
`MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK electronic communication number in
`
`the address block of papers filed with the Court.
`
`DATED: December 6, 2018
` New York, New York
`
`Yours, etc.
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`YAPCHANYK
`Attorneys for Defendant
`HOLLAND & KNIGHT LLP
`Office and Post Office Address
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
`By:
`
`Miles A. Linefsky
`
`To:
`
`Hill & Moin LLP
`Attorneys for Plaintiff,
`Angel Cordero
`2 Wall Street, Suite 301
`New York, New York 10005
`
`Chelsea Hotel Owner LLC
`31 West 52nd Street
`New York, New York 10019
`
`Omnibuild Construction Inc
`c/o April Mingione
`213 West 35th Street – 7th Floor
`New York, New York 10001
`
`7 of 31
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`FILED: NEW YORK COUNTY CLERK 12/06/2018 09:57 AM
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`INDEX NO. 158648/2018
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`RECEIVED NYSCEF: 12/06/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`ANGEL CORDERO,
`
`Plaintiff,
`
`v.
`
`CHELSEA HOTEL OWNER LLC, HOLLAND & KNIGHT
`LLP AND OMNIBUILD CONSTRUCTION INC.,
`
`Defendant (s),
`-----------------------------------------------------------------------x
`
`Index No.: 158648/2018 (ECF)
`
`COMBINED DISCOVERY
`DEMANDS AND NOTICE
`OF DEPOSITION
`
`PLEASE TAKE NOTICE, that Defendant Holland & Knight LLP, by its attorneys,
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, demands that each adverse
`
`party afford us the disclosure which this notice and demand specifies:
`
`DEPOSITIONS OF ADVERSE PARTIES UPON ORAL EXAMINATION
`
`A. Each adverse party is to appear for deposition upon oral examination pursuant to
`
`CPLR 3107:
`
` (1) At this date and time:
`
`January 06, 2019 at 10:00 am
`
`(2) At this place:
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`
`YAPCHANYK
`
`55 Water Street, 28th Floor
`
`New York, New York 10041
`
`B. Pursuant to CPLR 3106(d) we designate the following as the identity, description or
`
`title of the particular officer, director, member, or employee of the adverse party specified whose
`
`deposition we desire to take: ALL PARTIES
`
`C. Each deposition witness thus examined is to produce at such time and place, pursuant
`
`to CPLR 3111, all books, papers, and other things which are relevant to the issues in the action
`
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`and within that adverse party's possession, custody, or control to be marked as exhibits, and used
`
`on the examination.
`
`PARTY STATEMENTS
`
`Each adverse party is to serve on us, pursuant to CPLR 3101(e) and CPLR 3120, within
`
`thirty (30) days from the service of this Demand, a complete and legible copy of any statement
`
`made by or taken from any individual party or any officer, agent, or employee of said party.
`
`INSURANCE POLICIES
`
`Each adverse party is to serve, pursuant to CPLR 3101(f) and CPLR 3120, within thirty
`
`(30) days from the service of this Demand, a complete and legible copy of each primary or
`
`excess insurance agreement under which any person carrying on an insurance business may be
`
`liable to satisfy part or all of any judgment which may be entered in this action or to indemnify
`
`or reimburse for payments made to satisfy any such judgment.
`
`ACCIDENT REPORTS
`
`Each adverse party is to serve, pursuant to CPLR 3101(g) and CPLR 3120, within thirty
`
`(30) days from service of this Demand, a complete and legible copy of every written report of the
`
`accident or other event alleged in the complaint prepared in the regular course of that adverse
`
`party's business operations or practices.
`
`PHOTOGRAPHS AND VIDEOTAPES
`
`Each adverse party is to serve within thirty (30) days from the service of this Demand,
`
`complete and legible photographic or videotape reproductions of any and all photographs,
`
`motion pictures, maps, drawings, diagrams, measurements, surveys of the scene of the accident
`
`or equipment or instrumentality involved in the action or photographs of persons or vehicles
`
`involved (if applicable) made either before, after or at the time of the events in question,
`
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`including any photographs or videotapes made of the plaintiff at any time since the incident
`
`referred to in the Complaint.
`
`WITNESSES
`
`Each adverse party is to serve within thirty (30) days from the service of this Demand,
`
`the name and address of each witness to any of the following:
`
`1. The accident, occurrence or any other event set forth in the complaint.
`
`2. Any fact tending to prove actual or constructive notice of any condition which may
`
`give rise to the liability of any person, whether or not a party, for any damages alleged in this
`
`action.
`
`3. Any admission, statement, writing or act of our client.
`
`EXPERT WITNESS MATERIAL
`
`Each adverse party is to serve, pursuant to CPLR 3101(d)(1), within thirty (30) days from
`
`the service of this request, a statement specifying all of the following data as to each person
`
`whom that adverse party expects to call as an expert witness at trial:
`
`A. The identity of each expert;
`
`B. The subject matter on which each expert is expected to testify, disclosed in reasonable
`
`detail;
`
`C. The substance of the facts and opinions on which each expert is expected to testify;
`
`D. The qualifications of each expert; and
`
`E. A summary of the grounds for each expert's opinion.
`
`PLEASE TAKE FURTHER NOTICE that we will object at trial to the offer of any
`
`proof of an expert's qualifications which are different from or additional to those which the
`
`adverse party calling the expert had disclosed in reference to sub-paragraph D.
`
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`RECEIVED NYSCEF: 12/06/2018
`
`COLLATERAL SOURCE INFORMATION
`
`Each plaintiff seeking to recover for the cost of medical care, dental care, custodial care
`
`or rehabilitation services, loss of earnings or other economic loss is to serve, pursuant to CPLR
`
`4545(c), within thirty (30) days from the service of this Demand, a statement of all past and
`
`future cost and expense which has been or will, with reasonable certainty, be replaced or
`
`indemnified, in whole or in part, from any collateral source such as insurance (except life
`
`insurance), social security, workers' compensation, or employee benefit programs. Each such
`
`statement is to set forth the name, address, and insurance policy (or other account) number of
`
`each collateral source payor; and, separately stated for each payor, a list specifying the date and
`
`amount of each payment and the name, address, and social security number or other taxpayer
`
`identification number of each payee.
`
`PRODUCTION OF MEDICAL REPORTS AND AUTHORIZATIONS
`
`Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of
`
`this Demand:
`
`Medical Reports and Bills: Copies of the medical reports and bills of those health
`
`professionals who have previously treated or examined the plaintiff. Those reports shall include a
`
`detailed recital of the injuries and conditions as to which testimony will be offered at the trial,
`
`referring to and identifying those diagnostic tests and technicians' reports which will be offered
`
`at the trial.
`
`B. Medical Authorizations: Duly executed and acknowledged written medical
`
`authorizations, complying with the Health Insurance Portability and Accountability Act
`
`(“HIPPA”), 45 C.F.R. §164.508(a), (using attached form) permitting all parties to obtain and
`
`make copies of the records and notes including any intake sheets, diagnostic tests, X-Rays,
`
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`MRI's and cat scan films, of all treating and examining hospitals, physicians and other medical
`
`professionals.
`
`Plaintiff is to serve, pursuant to CPLR 3120(1)(i), within thirty (30) days from the service of this
`
`MEDICARE DOCUMENTS
`
`demand, a complete and legible copy of:
`
`1. Plaintiff’s Medicare Insurance Card
`
`2. All Medicare statements of conditional payments for medical treatment arising out of the
`
`incident which is the subject of this lawsuit.
`
`3. Plaintiff’s Social Security card.
`
`4. All documents pertaining to Medicare benefits received for treatment provided to
`
`plaintiff for injuries and illness arising out of the incident which is the subject of this
`
`lawsuit.
`
`PRODUCTION OF RECORDS AND AUTHORIZATIONS
`
`Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of
`
`this demand duly executed, fully addressed and acknowledged written authorizations permitting
`
`all parties to obtain and make copies of each of the following:
`
`A. All workers' compensation records and reports of hearings pertaining to the incident
`
`alleged to have occurred in plaintiff's complaint maintained by the workers' compensation Board
`
`and workers' compensation carrier.
`
`B. All records of present and past employment of plaintiff.
`
`C. All records in the no-fault file of any carrier issuing benefits to the plaintiff arising out
`
`of the incident alleged to have occurred in the complaint.
`
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`D. All records of the Internal Revenue Service filed by the plaintiff for the calendar year
`
`prior to the date of the incident alleged in the complaint and for the two subsequent years. Please
`
`use IRS form 4506 and attach 2 copies of identification of the plaintiff, with photo and signature
`
`as required by the IRS.
`
`E. All records of schools attended by plaintiff.
`
`F.
`
`All records of each collateral source that has provided and/or in the future will be
`
`providing any payment or reimbursement for expenses incurred because of this
`
`incident.
`
`PHYSICAL OR MENTAL EXAMINATION
`
`Defendant hereby demands, pursuant to CPLR §3121, that plaintiff appear for and submit
`
`to physical, mental and blood examination(s), for all claimed injuries, by a doctor(s) of
`
`defendant's designation-specialties to be determined. This examination(s) shall to be conducted
`
`in said doctor’(s’) office(s) and at a reasonable time following plaintiff’s deposition, but in no
`
`event less than 20 days after the service of this Notice.
`
`NAMES AND ADDRESSES OF ATTORNEYS
`
`Each adverse party is to serve on us, within thirty (30) days from service of this Demand,
`
`the names and addresses of all attorneys having appeared in this action on behalf of any adverse
`
`party.
`
`PLEASE TAKE FURTHER NOTICE THAT THESE ARE CONTINUING
`
`DEMANDS, and that each demand requires that an adverse party who acquires more than thirty
`
`(30) days from the service of this demand any document, information, or thing (including the
`
`opinion of any person whom the adverse party expects to call as an expert witness at trial) which
`
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`is responsive to any of the above demands, is to give us prompt written advice to that effect; and,
`
`within thirty (30) days (but no less than sixty (60) days before trial), is to serve all such
`
`information on us and allow us to inspect, copy, test, and photograph each such document or
`
`thing.
`
`PLEASE TAKE FURTHER NOTICE that we will object at trial, and move to preclude
`
`as to any adverse party who does not timely identify any witness, serve any report, or produce
`
`any document, information, or thing which is responsive to a discovery demand set forth in any
`
`of the ensuing paragraphs:
`
`A. From calling any event or notice witness not identified to us or medical expert whose
`
`reports have not been served on us;
`
`B. From calling any other expert witness whose identity, qualifications, and expected
`
`fact and opinion testimony (together with a summary of the grounds for each such opinion) have
`
`not been served on us;
`
`C. From putting in evidence any exhibit not served on us or produced for us to discover,
`
`inspect, copy, and photograph in accordance with any of the ensuing paragraphs; and
`
`14 of 31
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`D. From offering any other proof not timely disclosed pursuant to a court order in this
`
`action.
`
`DATED: December 6, 2018
` New York, New York
`
`Yours, etc.
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`YAPCHANYK
`Attorneys for Defendant
`HOLLAND & KNIGHT LLP
`Office and Post Office Address
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
`By:
`
`Miles A. Linefsky
`
`To:
`
`Hill & Moin LLP
`Attorneys for Plainitff,
`Angel Cordero
`2 Wall Street, Suite 301
`New York, New York 10005
`
`Chelsea Hotel Owner LLC
`31 West 52nd Street
`New York, New York 10019
`
`Omnibuild Construction Inc
`c/o April Mingione
`213 West 35th Street – 7th Floor
`New York, New York 10001
`
`15 of 31
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`FILED: NEW YORK COUNTY CLERK 12/06/2018 09:57 AM
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`INDEX NO. 158648/2018
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`RECEIVED NYSCEF: 12/06/2018
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------x
`ANGEL CORDERO,
`
`Plaintiff,
`
`v.
`
`CHELSEA HOTEL OWNER LLC, HOLLAND & KNIGHT
`LLP AND OMNIBUILD CONSTRUCTION INC.,
`
`Defendant (s),
`-----------------------------------------------------------------------x
`
`Index No.: 158648/2018 (ECF)
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`
`PLEASE TAKE NOTICE, Defendant, Holland & Knight, by its attorneys, EUSTACE,
`
`MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, demands pursuant to CPLR 3041-3044,
`
`that each Plaintiff furnish, within thirty (30) days of the date of this demand a Verified Bill of
`
`the following particulars:
`
`A.
`
`Liability Issues:
`
`1.
`
`2.
`
`3.
`
`4.
`
`The legal name, address, date of birth and social security number of each plaintiff,
`
`The date and approximate time of day of the alleged accident.
`
`The location of the alleged accident.
`
`(a)
`
`A statement of the acts or omissions constituting any negligence or other
`
`culpable conduct claimed against this defendant.
`
`(b)
`
`If breach of warranty is alleged, state whether said warranty was:
`
`i.
`
`ii.
`
`iii.
`
`expressed or implied;
`
`oral or written;
`
`if written, set forth a copy thereof; and
`
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`iv.
`
`if oral, state by whom and to whom the alleged warranty was
`
`made, specifying the time, place and persons in sufficient detail to
`
`permit identification.
`
`5.
`
`If actual notice is claimed, a statement of when, by whom and to whom actual
`
`notice was given and whether such notice was in writing; also, if such notice was in writing, the
`
`statement is to include the name and address of anyone who has any copy of it.
`
`6.
`
`If constructive notice is claimed, a statement of how long any allegedly dangerous
`
`or defective condition existed before the occurrence and who has first-hand knowledge of any
`
`such facts.
`
`7.
`
`If any violation is claimed, a citation to each statute, ordinance, regulation, and
`
`other federal, state, or local rule which it is claimed that any defendant we represent has violated.
`
`8.
`
`If any prior similar occurrence is claimed, a statement of its date, approximate
`
`time of day and approximate location.
`
`9.
`
`If any subsequent repair or other remedial action is claimed, a statement of its
`
`date, approximate time of day, approximate location, who made such repair or took such other
`
`action and who has first-hand knowledge of either.
`
`B.
`
`Damage Issues: Personal Injury:
`
`10.
`
`A statement of the injuries claimed to have been sustained by plaintiff as a result
`
`of the accident and a description of any injuries claimed to be permanent.
`
`11.
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`In any action under Ins. Law, §5104(a), for personal injuries arising out of
`
`negligence in the use or operation of a motor vehicle in this state, in what respect and to what
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`extent any plaintiff has sustained:
`
`(a)
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`serious injury, as defined by Insurance Law,5102(b);
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`(b)
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`economic loss greater than basic economic loss, as defined by Insurance
`
`Law, 5102 (a).
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`12.
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`If plaintiff was treated at a hospital or hospitals, the name and address of each
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`hospital and the exact dates of admission or treatment at each.
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`13.
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`The name and address of all medical professionals that treated or examined
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`plaintiffs with regard to the injuries claimed, and the exact dates of treatment received from each.
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`14.
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`If loss of earnings is claimed, the name and address of plaintiff's employer, the
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`nature of plaintiff's employment, and the exact dates that the plaintiff was incapacitated from
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`employment.
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`15.
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`A statement of the exact dates that each plaintiff was:
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`(a)
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`(b)
`
`(c)
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`hospitalized;
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`confined to bed;
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`confined to house;
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`16.
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`Total amounts each plaintiff claims as special damages for:
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`(a)
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`(b)
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`(c)
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`(d)
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`(e)
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`(f)
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`(g)
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`physicians' services;
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`medical supplies
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`loss of earnings to date, with the name(s) and address(es) of plaintiff's
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`employer(s);
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`loss of earnings in the future, stating how the figure was calculated;
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`hospital expenses;
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`nurses' services;
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`any other special damages claimed.
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`17.
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`If any plaintiff claims loss of services, a statement of all such losses claimed,
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`including the nature and extent of the lost services and all special damages claimed.
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`18.
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`The name, address and amounts received from each collateral source that has paid
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`or reimbursed plaintiff for any of the expenses incurred as a result of this accident.
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`DAMAGE ISSUES: MEDICARE
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`19. Set forth plaintiff’s Medicare Health Insurance number.
`
`20. State whether plaintiff is receiving Medicare benefits.
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`21. In the event that plaintiff is not receiving any Medicare benefits, state whether
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`plaintiff has received Medicare benefits in the past.
`
`22. State when plaintiff first received any Medicare benefits.
`
`23. In the event that plaintiff received Medicare benefits in the past, state when the
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`Medicare benefits ceased.
`
`24. State whether plaintiff received any Medicare benefits due to the injuries or illness
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`arising out of the incident which is the subject matter of this lawsuit.
`
`25. In the event that plaintiff has received Medicare benefits, due to treatment provided
`
`for injuries or illness arising out of the incident, which is the subject matter of this lawsuit, please
`
`state the amount received to date.
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` 26. Identify any documents received pertaining to any Medicare benefits received for
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`the treatment provided for the injuries or illness arising out of the incident, which is the subject
`
`matter of this lawsuit.
`
`27. State the name, address and policy number of any additional medical insurance.
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`28. State all names that plaintiff has been known by or has used.
`
`DATED: December 6, 2018
` New York, New York
`
`Yours, etc.
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO &
`YAPCHANYK
`Attorneys for Defendant
`HOLLAND & KNIGHT LLP
`Office and Post Office Address
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
`By:
`
`Miles A. Linefsky
`
`To:
`
`Hill & Moin LLP
`Attorneys for Plaintiff,
`Angel Cordero
`2 Wall Street, Suite 301
`New York, New York 10005
`
`Chelsea Hotel Owner LLC
`31 West 52nd Street
`New York, New York 10019
`
`Omnibuild Construction Inc
`c/o April Mingione
`213 West 35th Street – 7th Floor
`New York, New York 10001
`
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`
`Index No.: 158648/2018 (ECF)
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`ANGEL CORDERO,
`
`Plaintiff,
`
`-against-
`
`CHELSEA HOTEL OWNER LLC, HOLLAND & KNIGHT LLP AND
`OMNIBUILD CONSTRUCTION INC.,
`
`Defendant (s),
`
`VERIFIED ANSWER TO COMPLAINT, NOTICE PURSUANT TO CPLR 2103,
`DEMAND FOR VERIFIED BILL OF PARTICULARS AND COMBINED DISCOVERY
`DEMANDS AND NOTICE OF DEPOSITION
`
`EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK
`Attorneys for Defendant
`Holland & Knight LLP
`Office and Post Office Address
`55 Water Street, 28th Floor
`New York, New York 10041
`(212) 612-4200
`
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`
` EUSTACE, MARQUEZ, EPSTEIN,
`PREZIOSO & yapchanyk
`ATTORNEYS AT LAW
`
`EDWARD M. EUSTACE
`RHONDA L. EPSTEIN
`RICHARD C. PREZIOSO
`DAVID S. KASDAN
` CHRISTOPHER M. YAPCHANYK
`Craig j. billeci
` _____________________________________
` PAUL A. TUMBLESON
` REGINE DELY-LAZARD
` LAUREN S. YANG
` MAUREEN E. PEKNIC
` GREGORY R. BENNETT
` TIMOTHY S. CARR
`
`55 Water Street (cid:120) 28th Fl.
` New York, NY 10041
` TEL (212) 612-4200
` FAX (212) 612-4284
`
`Not a Partnership or Professional
`Corporation
`
`ANTHONY J. TOMARI
`Nathalie c. Hackett
`THOMAS B. FERRIS
`TERENCE H. DeMARZO
`ROBERT M. MAZZEI
`Robert M. Michell
`MILES A. LINEFSKY
`
`OF COUNSEL
`PETER T. mensching
`Alan j. harris
`Joshua a. yahwak
`
`December 6, 2018
`
`Hill & Moin LLP
`2 Wall Street, Suite 301
`New York, New York 10005
`
`Re:
`
`Cordero v. Chelsea Hotel Owner LLC
`Our File Number: 35798711
`Date of Loss: 12/20/2016
`
`Dear Counsel:
`
`Please be advised that effective April 14, 2003 the Health Insurance Portability and
`Accountability Act went into effect. As such, an appropriate authorization complying with the
`HIPAA regulations must be properly completed and signed by the Plaintiff in this action. For
`your reference, enclosed please find a sample HIPAA Authorization. The new HIPAA
`authorization requires the following items:
`
`1.
`
`2.
`
`3.
`
`4.
`
`A description of the information to be used or disclosed.
`
`The name of the Requestor or the covered entity or person whom the medical
`facility can make the disclosure to.
`
`The name of the medical facility or individual authorized to make the disclosure.
`
`An expiration date.
`
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`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`10.
`
`A statement of the patients right to revoke the authorization in writing.
`
`A statement that informs the patient that the information used or disclosed
`pursuant to the authorization may be subject to redisclosure by the requestor and
`may no longer be protected by Federal or State Law.
`
`Signature of the patient.
`
`If the authorization is signed by a person other than the patient, a description of
`the patient’s representative’s authority (and verification of authority) to act on
`behalf of the patient.
`
`The Date.
`
`A statement that the medical facility will not withhold treatment or services based
`on whether or not the patient authorizes this request.
`
`We are requesting your compliance pursuant to the new HIPAA Authorization
`Requirements. Thank you for your cooperation and if you have any questions please contact our
`office.
`
`Very truly yours,
`
`Miles A. Linefsky
`
`MAL:JLR
`Enc.
`
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`
`
`AUTHORIZATION FOR RELEASE OF INFORMATION
`
`
`
`
`
`
`
`
`
`
`
`
`Name:
`
`Address:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` SSN:
`
`
`
` City:
`
`
`
`
`
`
`
` State:
`
`
`
` Zip Code:
`
`MCSFile:
`
`
` DOB:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`I. General Release.
`I hereby authorize ______________________________________________________________ to disclose the information set forth in Section IV
`[Name and address of record source: e.g., Employer]
`of
`
`
`
`this Authorization for the period from _______________, _________ to _______________, _________. The released information is required for
`litigation. I further authorize The MCS Group, Inc., a private record reproduction company, upon presentation of this authorization or a copy
`thereof, to photocopy such records as are reasonably necessary for the above-state purposes.
`II. Health Information Release. I hereby authorize the disclosure of my health information, as described in this authorization:
`Person(s) authorized to disclose the information:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`[Name of the Provider: Hospital, Doctor, Insurance Co.]
`Information to be disclosed: The Information set forth in Section V of this Authorization. I understand that the health information may include
`information pertaining to treatment of drug and alcohol abuse, mental health including without limitation psychiatric information, acquired
`immunodeficiency syndrome (AIDS), or human immunodeficiency virus (HIV), sexually transmitted diseases, sick cell anemia treatment,
`tuberculosis information or genetic information. THIS INFORMATION WILL BE RELEASED UNLESS I INDICATE OTHERWISE BY CHECKING
`HERE: ______
`
`
`
`Person(s) authorized to receive the disclosed information: The MCS Group, Inc. on behalf of:
`[Name of MCS Client]
`
`
`
`
`
`
`
`
`
`
`
`I further authorize The MCS Group, Inc., a private record reproduction company, upon presentation of this authorization or a copy thereof, to
`photocopy such records as are reasonably necessary for the above-state purposes.
`Purpose of this request: At my request.
`Expiration Date: Unless otherwise revoked, this authorization will expire one year after the date of this authorization or later as indicated here
`___________.
`Right to revoke: I understand that I have the right to revoke this authorization at any time by notifying in writing each Person identified in Section
`(a). I understand that the revocation is only effectiv